A Monterey man who entered an Alford plea to the reduced charge of simple robbery was ordered to serve a split sentence after the judge found the defendant “needs to be supervised.”
Michael David Cox, 55, entered his no contest plea on May 17 with a judge to determine how his three-year sentence will be served. A no contest, or Alford plea, allows a defendant to admit there existed enough evidence for a jury conviction without the defendant admitting guilt.
The plea goes into the permanent record as a guilty plea.
Cox was originally charged with aggravated robbery, felony possession of methamphetamine and resisting arrest in connection with an incident on Poplar St. in the city. The simple robbery charge to which Cox pleaded is a Class C felony.
Crossville Police were called to the Poplar St. residence on July 2, 2017, after the resident told E-911 that the man she knew entered her home and accused her of owing him $100.
The victim stated that Cox then took her purse and contents as payment for the debt Cox said was owed. When police recovered the purse, a $100 bill was missing.
Police found Cox naked in a shower, holding a flashlight, and found a syringe lying on the bathtub and an open knife on the sink.
Cox resisted police instructions to exit the shower and bathroom and had to physically be taken into custody.
While Cox denied he pulled a knife during the incident, the victim told police that he had the open knife when Cox grabbed the victim’s purse.
Cox did not give Tennessee Department of Corrections Board of Pardons and Parole Officer Christopher Goddard a statement for the presentence report used in sentencing hearings. The victim could not be located to provide a statement.
Defense attorney Michael Giaimo told Judge Wesley Bray that Cox had been honest and self-reported prior to drug testing. Giaimo argued that Cox had only been arrested for two misdemeanor charges over the past 15 years.
Assistant District Attorney Amanda Worley countered that Cox did have a 15-year-old arson conviction on his record, and took the position that past criminal conduct was not convincing to suspend jail time. She asked Cox serve the three years in jail.
Giaimo countered that house arrest supervision under community corrections would be a correct sentence. The defense attorney said his client was an addict who was also being treated by a psychiatrist.
“If he is not doing what he is supposed to, they (probation officers) will get him,” said Giaimo.
“Don’t think this is an easy decision,” Bray said in mulling over his decision. On one hand, Cox has not been arrested since the incident. The judge also noted that Cox had successfully serve probation on two previous occasions.
“I think he needs to be supervised,” Bray said. The judge then ordered Cox to serve one year in jail with credit for 61 days already served, and the balance on supervised probation. During that time Cox is to also obtain alcohol and drug assessment and complete any recommended followup.
In other cases on the docket, the following guilty pleas were entered:
•Stephan Randy Allen, child abuse, neglect or endangerment in connection with an incident Aug. 23, 3018, investigated by the sheriff’s office, pleaded guilty to reckless endangerment and received a 11-month and 29-days suspended sentence to be served on supervised probation, with court costs waived.
•Paula Leigh Cornell, 46, charged with two counts of felony possession of methamphetamine and simple possession of marijuana, pleaded guilty to one count of possession of more than .5 grams of meth for sale occurring on Feb. 13, 2018, and received an eight-year prison sentence to serve. Remaining charges were dropped. Cornell was granted a furlough to transfer to Drug Court. She was fined $2,000 and is to pay court costs. Once Drug Court is completed, she is to return to Cumberland County Criminal Court for further disposition.
•Christopher Harrison Davis, 45, charged with home improvement fraud, pleaded guilty to the charge and received a four-year suspended sentence to be served on supervised probation. Davis is to pay $14,421.06 restitution at $300 per month with court costs waived.
•Jacob Lasaro Mayberry, 29, charged with simple possession of methamphetamine, simple possession of marijuana and simple possession, pleaded guilty to simple possession of meth and agreed to serve an 11-month and 29-day suspended sentence to be served on supervised probation. Mayberry is to serve 30 days in jail and was fined $750 and is to pay court costs. The charges stem from a Dec. 7, 2018, traffic stop by the sheriff’s office.
•Donald Cordell McIntire, theft of property of $1,000 to $2,500 in an incident on March 28, 2019, during which a golf cart belonging to Holiday Out RV Park, and received a one-year suspended sentence to be served on supervised probation. McIntire qualified for judicial diversion, is to pay $500 restitution with court costs waived.
•Jennifer LeeAnn Simoneau, 35, charged with felony possession of methamphetamine, felony possession of a Schedule II drug, simple possession and possession of drug paraphernalia, stemming from a May 9, 2018, arrest by the sheriff’s office, pleaded guilty to felony possession of less than .5 grams of meth and received a three-year suspended sentence to be served on supervised probation. Simoneau was given credit for 71 days already served in jail.
•Lastis Emerson Walker Sr., 84, charged with sixth offense driving under the influence, pleaded guilty to the indictment and received a three-year sentence to serve plus loss of license indefinitely. The arrest stems from a March 4, 2019 traffic stop.
•Todd Aaron Weinel, 30, charged with simple possession of methamphetamine, simple possession of oxycodone and simple possession of Alprazolam, possession of drug paraphernalia, pleaded guilty to possession of methamphetamine and received an 11-month and 29-day suspended sentence with 30 days to serve and the balance on supervised probation. Weinel is to pay a $750 fine and court costs. He is being credited for 45 days already served. Remaining charges were dropped. The charge stems from a Crossville Police traffic stop on West Ave. on Jan. 31, 2019.
•Jonathan Lamont Woods, 37, charged with felony possession of a Schedule VI drug and theft of property of $1,000 to $2,500, pleaded guilty to joyriding and received an 11-month and 29-day sentence with credit for time already served. Drug charge was dropped.